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Requirements to registerE+W

52Requirement to register: later years childminders for children under eightE+W

(1)A person may not provide later years childminding in England for a child who has not attained the age of eight unless he is registered in Part A of the general childcare register as a childminder.

(2)The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to later years childminding.

(3)The circumstances specified in an order under subsection (2) may relate to one or more of the following matters (among others)—

(a)the person providing the later years childminding;

(b)the child or children for whom it is provided;

(c)the nature of the later years childminding;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(4)If it appears to the Chief Inspector that a person has provided later years childminding in contravention of subsection (1), the Chief Inspector may serve a notice (“an enforcement notice”) on the person.

(5)An enforcement notice may be served on a person—

(a)by delivering it to him, or

(b)by sending it by post.

(6)An enforcement notice has effect until it is revoked by the Chief Inspector.

(7)A person commits an offence if, at any time when an enforcement notice has effect in relation to him and without reasonable excuse, he provides later years childminding in contravention of subsection (1).

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

53Requirement to register: other later years providers for children under eightE+W

(1)A person may not provide for a child who has not attained the age of eight—

(a)later years provision on premises in England which are not domestic premises, or

(b)later years provision on domestic premises in England which would be later years childminding but for section 96(9),

unless he is registered in Part A of the general childcare register in respect of the premises.

(2)Subsection (1) does not apply in relation to later years provision for a child if—

(a)the provision is made at any of the following schools as part of the school's activities—

(i)a maintained school,

(ii)a school approved by the Secretary of State under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools), or

(iii)an independent school,

(b)the provision is made by the proprietor of the school or a person employed to work at the school, and

(c)the child is a registered pupil at the school or, if the provision is made for more than one child who has not attained the age of eight, at least one of the children is a registered pupil at the school.

(3)The Secretary of State may by order provide that, in circumstances specified in the order, subsection (1) does not apply in relation to later years provision.

(4)The circumstances specified in an order under subsection (3) may relate to one or more of the following matters (among others)—

(a)the person providing the later years provision;

(b)the child or children for whom it is provided;

(c)the nature of the later years provision;

(d)the premises on which it is provided;

(e)the times during which it is provided;

(f)the arrangements under which it is provided.

(5)A person commits an offence if, without reasonable excuse, he provides later years provision in contravention of subsection (1).

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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